In her judgment, Circuit Court Judge Joan L. Moriarty cited the city’s home rule charter. The Missouri Constitution grants any city that has adopted a charter as its form of government “all the powers” the state Legislature can grant. [More]Which appears to mean a city with such a charter could override preemption on gun laws, no? I wonder how many state constitutions have such a provision, and if the judge's interpretation is correct or subject to being overturned on appeal...
I'd be interested in seeing someone with knowledge weigh in on this. I've sent this to some lawyers I know for a qualified read. You can do the same, or chime in if you are one.
We'll meet back in "Comments" if anybody finds anything out.
[Via David H]
Two attorneys have responded --neither practice in MO. Bottom line: inconclusive.
ReplyDeletePerhaps you should ask Judge Dillon.
ReplyDeleteMO is a Dillon-Rule state. Also a Home-Rule state.
* https://en.wikipedia.org/wiki/Home_rule_in_the_United_States
How timely. Tucson is claiming precisely this exemption from a recent Arizona law forbidding them from destroying confiscated and surrendered guns:
ReplyDeletehttp://tinyurl.com/z7krkml